Michigan Age of Majority and Transfer of Rights for Disability

On your child's 18th birthday, Michigan law presumes them a competent adult regardless of the severity of their intellectual or developmental disability. Every decision you've been making — consenting to medical treatment, directing their IEP, managing their finances, accessing their school records — transfers to them by default. If you haven't prepared for this shift, you lose the legal authority to participate in decisions about your own child's care, education, and benefits overnight.

The Transfer of Educational Rights

At age 17, the school district must formally notify both you and your child in writing that all educational decision-making rights will transfer to the student at 18. This includes the right to consent to or refuse evaluations, approve or reject IEP changes, request mediation or due process, and access educational records under FERPA.

After the transfer, you no longer receive copies of IEP notices or progress reports unless your adult child authorizes it. You can't attend IEP meetings in a decision-making capacity unless they invite you or you hold a legal instrument (power of attorney, guardianship) that restores that role.

FERPA and HIPAA Releases

FERPA: Once your child turns 18, their educational records are protected under the adult provisions of the Family Educational Rights and Privacy Act. To keep receiving grades, evaluations, IEP documents, or transition assessments, obtain your adult child's written consent. Execute a FERPA release form with the school before or immediately at the 18th birthday.

HIPAA: A HIPAA authorization form signed by your adult child permits specific providers to discuss medical information with designated family members. Prepare the authorization before or immediately at the 18th birthday so providers know whom they may contact.

Prepare both release forms before the birthday. If your adult child has the cognitive capacity to understand and sign them, execute them during the birthday month. If capacity is in question, these releases become part of the broader legal decision-making conversation (supported decision-making, power of attorney, or guardianship).

Selective Service Registration

Federal law requires males between 18 and 25 to register with the Selective Service System. This applies regardless of cognitive disability. A failure to register can affect eligibility for federal student financial aid, federal job training programs, and federal employment.

Cognitive disability does not by itself remove the registration requirement. If registration is difficult, contact the Selective Service System for instructions.

Registration is online at sss.gov. Complete it promptly and keep the confirmation for your records.

What Legal Tools Replace Parental Authority

Michigan doesn't have a middle ground where parents automatically retain some authority. At 18, your child has full legal rights. To continue participating in their care and decision-making through a formal arrangement, consider one or more of these instruments:

Supported Decision-Making Agreement — your adult child retains all legal rights while designating supporters who help gather information and evaluate options. No court involvement. Michigan has no SDM statute yet (HB 4676 and 4677 are pending), but courts increasingly recognize SDM agreements.

Durable Financial Power of Attorney — your adult child designates you as their agent for financial decisions. Requires signing capacity at execution. Revocable anytime.

Designation of Patient Advocate — Michigan's medical power of attorney. Grants you authority to make healthcare decisions if your adult child cannot provide informed consent. Requires signing capacity.

SSA Representative Payee — the SSA designates you to receive and manage SSI or DAC benefit payments. Administrative process through SSA, no court involved.

Guardianship — court-ordered removal of specific or all legal rights. Michigan law requires guardianship to be the least restrictive necessary and to promote maximum independence. Reserved for situations where less restrictive alternatives are genuinely insufficient.

The 17th Birthday Checklist

Start at 17, not 18:

1. Receive the school district's formal transfer-of-rights notification
2. Draft FERPA and HIPAA release forms
3. Evaluate the legal decision-making spectrum with a special needs attorney or disability advocate
4. Open a MiABLE account to shelter assets before the SSI application
5. Compile the master diagnostic and educational records binder
6. Schedule the CMHSP intake screening if not already done

The Michigan SSI at 18 & Adult Disability Benefits Guide integrates every one of these legal preparation steps into the broader benefits transition timeline — so the rights transfer, the SSI application, the Medicaid verification, and the waiver screening all happen in the right order.

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